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ARCHIVED - Broadcasting Decision CRTC 2010-525

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The Commission approves the application by Ormuco Inc. for a broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking to serve the Montréal Census Metropolitan Area.

The application

1. The Commission received an application by Ormuco Inc. (Ormuco) for a broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking (BDU) to serve the Montréal Census Metropolitan Area. Ormuco is wholly owned and controlled by Mr. Orlando Bayter.The Commission did not receive any interventions concerning this application.

2. Ormuco also requested authorization to:

distribute, at its option, as part of the basic service, the signals WCAX-TV (CBS) Burlington, Vermont, WPTZ (NBC) and WVNY (ABC) Plattsburgh, New York, WFFF-TV (FOX) Burlington, Vermont, and WCFE (PBS) Plattsburgh, New York (referred to as the first set of U.S. 4+1 signals); and

distribute, on a digital discretionary basis, any of the distant Canadian television signals set out in the List of Part 3 Eligible Satellite Services and a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non-commercial PBS network (referred to as the second set of U.S. 4+1 signals).

3. Ormuco stated its willingness to accept a condition of licence requiring that it provide one or more simple means of accessing described programming, whether in an open or embedded format. Ormuco also committed to meet the requirements regarding customer service and information set out in Broadcasting and Telecom Regulatory Policy 2009-430 (the Accessibility Policy).

The Commission’s analysis and determinations

4. The Commission has examined and approves the application by Ormuco Inc. for a broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking to serve the Montréal Census Metropolitan Area. The operation of this undertaking will be regulated pursuant to the Broadcasting Distribution Regulations (the Regulations). The licence will be subject to the conditions specified therein, as well as to the conditions of licence set out in the appendix to this decision.

Distribution of U.S. 4+1 signals as part of the basic service

5. The Commission notes that it has already authorized BDUs to distribute as part of the basic service the U.S. 4+1 signals. The authorization requested by the applicant is consistent with authorizations previously granted by the Commission in similar cases.

6. Accordingly, the Commission authorizes Ormuco to distribute, at its option, as part of the basic service, the first set of U.S. 4+1 signals. A condition of licence to that effect is set out in the appendix to this decision.

Distribution of distant Canadian television signals and a second set of U.S. 4+1 signals

7. The Commission has also already authorized BDUs to distribute on a digital discretionary basis distant Canadian signals and a second set of U.S. 4+1 signals on the condition that the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Regulations.

8. The Commission may suspend the application of this provision for signals to be distributed upon its approval of an executed agreement between the licensee and broadcasters. The agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and of distant Canadian television signals solely on the licensee's digital service.

9. The Commission considers that the authorization requested by the applicant is consistent with authorizations previously granted by the Commission in similar cases. In light of the foregoing, the Commission authorizes Ormuco to distribute, on a digital discretionary basis, distant Canadian signals and a second set of U.S. 4+1 signals. A condition of licence to that effect is set out in the appendix to this decision.

General authorizations for broadcasting distribution undertakings

10. The Commission notes that, pursuant to the conditions specified in the licence and to Broadcasting Regulatory Policy 2009-546 (the Regulatory Policy), licensees are also authorized to distribute any service and to undertake any activity authorized in the Regulatory Policy, as amended from time to time, under the terms and conditions set out in that regulatory policy.

Implementation of the Commission's determinations regarding accessibility of services

11. The Accessibility Policy sets out the Commission’s policy determinations regarding the accessibility of telecommunications and broadcasting services to persons with disabilities.

12. As indicated above, Ormuco stated that it is prepared to accept a condition of licence requiring it to provide one or more simple means of accessing described programming, whether in an open or embedded format. Those means must require little or no visual acuity. A condition of licence to that effect is set out in the appendix to this decision.

13. In addition, consistent with the Accessibility Policy, the Commission expects Ormuco to ensure that subscribers are able to identify programming with described video in the electronic program guide, and to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.

14. The Commission also encourages Ormuco to ensure that its set-top boxes are accessible to subscribers with vision and fine motor skill disabilities.

15. With regard to customer service, the Commission notes Ormuco’s commitments as set out in its licence application to meet the obligations specified in the Accessibility Policy. The Commission reminds Ormuco that, at paragraph 71 of the Accessibility Policy, it stated that it will consider imposing requirements on Class 1 and direct-to-home (DTH) BDUs regarding customer information, service and support in the form of conditions of licence at the time of their licence renewals if such regulatory mechanisms are necessary to ensure compliance with the Commission's goals.

16. The Commission notes that it may impose further conditions of licence respecting accessibility matters five years into the licence term, if deemed appropriate.

Local digital television signals

17.The Commission reminds the applicant that it must provision its network in such a way as to be able to provide the high definition signals of all stations received over-the-air in the Montréal Census Metropolitan licensed area to its entire subscriber base, without exception. The Commission notes that any BDU unable to meet this requirement may file an application with supporting justification asking the Commission for relief, by condition of licence, from this requirement.

Mandatory distribution of 9(1)(h) services

18.The Commission reminds the applicant that, as a Class 1 BDU, it is required to distribute within its licensed area all services licensed for mandatory carriage as part of the basic service of distribution undertakings pursuant to section 9(1)(h) of the Broadcasting Act.

Appendix to Broadcasting Decision CRTC 2010-525

Terms, conditions of licence, expectations and encouragements

Issuance of the broadcasting licence to operate a Class 1 terrestrial broadcasting distribution undertaking to serve the Montréal Census Metropolitan Area

The operation of this undertaking will be regulated pursuant to the Broadcasting Distribution Regulations and all related policies.

The licence will expire 31 August 2016.

A licence will be issued once the applicant has:

informed the Commission in writing that it is prepared to commence operations. The undertaking must be operational at the earliest possible date and in any event no later than 24 months from the date of this decision, unless a request for an extension of time is approved by the Commission before 28 July 2012. In order to ensure that such a request is processed in a timely manner, it should be submitted at least 60 days before that date; and

filed, at the same time it informs the Commission that it is ready to commence operations, a website address where its distribution grid is posted.

Conditions of licence

1. The licensee is authorized to distribute, at its option, as part of the basic service, the signals WCAX-TV (CBS) Burlington, Vermont, WPTZ (NBC) and WVNY (ABC) Plattsburgh, New York, WFFF-TV (FOX) Burlington, Vermont, and WCFE (PBS) Plattsburgh, New York.

2. The licensee is authorized to distribute the following signals on a digital discretionary basis:

any of the distant Canadian television signals set out in the List of Part 3 eligible satellite services; and

a second set of signals that provides the programming of the four U.S. commercial networks (CBS, NBC, ABC, FOX) and the non-commercial PBS network (hereafter referred to as the U.S. 4+1 signals).

The distribution on a discretionary basis on the licensee’s digital service of a second set of U.S. 4+1 signals and distant Canadian signals is subject to the provision that, with respect to such signals, the licensee adhere to the requirements regarding non-simultaneous program deletion set out in section 43 of the Broadcasting Distribution Regulations (the Regulations). The Commission may suspend the application of this provision, with respect to the signals to be distributed, upon its approval of an executed agreement between the licensee and broadcasters. Such an agreement must deal with issues related to the protection of program rights arising in connection with the discretionary carriage of a second set of U.S. 4+1 signals and distant Canadian signals solely on the licensee's digital service.

The Commission reminds the licensee that the requirements set out in section 30 of the Regulations regarding simultaneous substitution apply also in the case of U.S. 4+1 signals and distant Canadian signals.

3. The licensee shall provide one or more simple means of accessing described programming, whether in an open or embedded format, that requires little or no visual acuity.

Expectations

The Commission expects the licensee to ensure that subscribers are able to identify programming with described video in the electronic program guide.

The Commission expects the licensee to make information available in alternative formats to subscribers regarding, among other things, the programming and services offered and the channel line-up.

Encouragements

The Commission encourages the licensee to ensure that its set-top boxes are accessible to subscribers with vision and fine motor skill disabilities.

Employment equity

In accordance with Implementation of an employment equity policy, Public Notice CRTC 1992-59, 1 September 1992, the Commission encourages the licensee to consider employment equity issues in its hiring practices and in all other aspects of its management of human resources.